1. New Anti-Tobacco Disclaimer Mandate For OTT Platforms

OTT platforms that depict the use of tobacco products in their programming content are now required to display anti-tobacco health warnings at the beginning and middle of programmes. This requirement, issued by the country’s Health Ministry, has been met with criticism from industry stakeholders. Concerns include the large-scale efforts required to modify existing library content, jurisdictional boundaries of the Health Ministry’s ability to regulate OTT content, and the overall impact on user experience while viewing such modified content. 

2. OTT Platforms Required To Display Age-based Classifications In Ads

Existing laws require OTT platforms to create and display six age-based content classifiers for their programming. The Indian government has extended this obligation, and now requires these platforms to create and display similar age-based classifiers in promotional and marketing material of their content published on media platforms. 

3. Indian Government Amends Film Laws

The Indian government recently amended the Cinematograph Act, 1952 which now requires theatrical film releases to be classified into ‘U/A 7+’, ‘U/A 13+’ and ‘U/A 16+’ in addition to the existing categories of ‘U’, ‘U/A’ and ‘A’. This brings theatrical releases in line with the age-based content classifiers imposed on OTT platforms. The amendments also impose harsher penalties on those who engage in or abet unauthorised recording and exhibition of films, including imprisonment. 

4. New Guidelines To Enhance Film Accessibility

In a recent court order, the Indian government and other film, theatre, and OTT platform stakeholders have been instructed to explore ways to make films disability-friendly for visually-and hearing-impaired individuals. These guidelines stem from protections afforded to differently abled-individuals under the Rights of Persons with Disabilities Act, 2016. 

5. Indian Courts Upheld Rights Of Lyricists And Composers

An Indian court has ordered FM radio broadcasters to pay royalties to lyricists and composers for broadcast of their underlying composition in a sound recording. This is in addition to paying music labels who own the overall sound recording. The court clarified that broadcasting a sound recording to the public includes the utilisation of the underlying literary and musical copyright, thereby warranting payment to the authors of such underlying works. 

6. Landmark Case Upholds Celebrity’s Personality Rights Against AI Misuse

A recent ex-parte injunction issued by an Indian court grants a popular Bollywood celebrity the right against the unauthorised use of his name, image, and likeness through technological tools such as artificial intelligence, deepfake technology, and voice and face morphing applications, for financial or commercial gains. This decision reaffirms an individual’s personality rights in the digital era. 

7. Streaming Platforms Not Subject To Statutory Licensing Regime

Indian copyright laws allow for a statutory licensing regime wherein public broadcasters are allowed to broadcast certain copyrighted works by notifying copyright holders and paying royalty rates set by the Copyright Appellate Board. A recent court order limits this definition of public broadcasters to traditional, non-internet-based broadcasters, thereby excluding all internet streaming platforms, requiring them to engage in negotiations with the copyright holders prior to broadcasting their works. 

8. Private TV Channels Required To Broadcast Public Service Programming

The Indian government now requires private TV channel broadcasters to undertake public service broadcasting for at least 30 minutes per day on themes ranging national importance and social relevance such as education, agricultural development, and health and family welfare. 

9. New Guidelines For Health And Wellness Celebrities

The Indian government has issued guidelines to celebrities and influencers endorsing health and wellness products and services to curb misleading advertisements and unsubstantiated claims. These new guidelines require disclaimers on endorsed content to ensure viewers do not misconstrue it as professional medical advice or diagnosis. Endorsers are also required to engage in due diligence activities prior to making such endorsements and must disclose if they are certified medical practitioners and health experts. Read our detailed summary of the new law here.